MAINE LAND USE PLANNING COMMISSION LAND USE …

1 MAINE land USE PLANNING COMMISSION MAINE Department of Agriculture, Conservation and Forestry land USE DISTRICTS AND STANDARDS FOR AREAS SERVED BY THE MAINE land USE PLANNING COMMISSION CHAPTER 10 OF THE COMMISSION S RULES AND STANDARDS Initially Adopted January 12, 1977 Latest Revisions March 29, 2022 Note: In response to 2011, (enacting LD 1739), in management and protection districts (except for development areas in Resource Plan Protection Subdistricts (P-RP)), the COMMISSION no longer is responsible for regulating timber harvesting, land management roads, water crossings associated with land management roads, and gravel pits less than five acres in size. The regulation of these activities has been transferred to the MAINE Forest Service. LUPC Service Area 01-672 CHAPTER 10 A Guide to Using and Understanding This Document i MAINE land USE PLANNING COMMISSION Gray text applies only to prospectively zoned areas. A GUIDE TO USING AND UNDERSTANDING THIS DOCUMENT USING CHAPTER 10 If the permit is approved, carry out the activity in compliance with the applicable standards and permit conditions.

2 If the permit is approved, carry out the activity in compliance with the applicable standards and permit conditions. Identify the subdistrict (zoning) your property is located within by referring to a current land Use Guidance Map for your town, plantation or township. (a) Uses Allowed Without a permit Carry out the activity. Understand the applicable standards of Sub-Chapter III. Understand the applicable standards of Sub-Chapter III. Understand the applicable standards of Sub-Chapter III and the special exception criteria. Do not conduct the activity. Call the LUPC to discuss your options. Carry out the activity in compliance with the applicable standards. Submit an application to the COMMISSION and wait for approval. Submit an application to the COMMISSION , addressing special exception criteria, and wait for approval. Identify under which category (a-f) the activity you wish to conduct is listed within the appropriate subdistrict section. Contact the MAINE Forest Service for information on standards and permitting requirements.

3 (b) Uses Allowed Without a permit Subject to Standards (c) Uses Requiring a permit (d) Special Exceptions (e) Uses Regulated by the MAINE Forest Service (f) Prohibited Uses 01-672 CHAPTER 10 Understanding Chapter 10 ii MAINE land USE PLANNING COMMISSION Gray text applies only to prospectively zoned areas. UNDERSTANDING CHAPTER 10 Sub-Chapter I General Provisions The General Provisions provide information on some of the COMMISSION s rules of practice. For the typical applicant, the most useful sections of this chapter include Section Nonconforming Uses and Structures. Other sections in this Sub-Chapter include: Interpretation of land Use Standards, Exemptions, Variances, Penalties for Violations, and Appeals. Sub-Chapter II land Use Subdistricts The COMMISSION has established zoning subdistricts to protect important resources and prevent conflicts between incompatible uses. These subdistricts are grouped into three categories: Management, protection, and development subdistricts.

4 Sub-chapter II describes these land Use Subdistricts and identifies the specific activities that are allowed within each one. Applicants should first identify within which subdistricts their proposed activity is located by referring to a land Use Guidance Map of the appropriate town, plantation or township. These maps may be obtained from any of the COMMISSION s offices. After the correct subdistricts have been identified, the applicant should determine which of the six categories their proposed activity is listed under in the subdistrict description. If a proposed activity is located under category: a. Uses Allowed Without a permit , the activity may be conducted without any further interaction with the COMMISSION . b. Uses Allowed Without a permit Subject to Standards, the applicant must understand and comply with all relevant standards. c. Uses Requiring a permit , the applicant must submit a permit application to the COMMISSION . If the COMMISSION approves the application, the applicant must comply with all conditions and standards identified in the permit .

5 D. Special Exceptions, the applicant must submit a permit application to the COMMISSION that also addresses the additional special exception criteria. The COMMISSION will determine if the activity is allowed by special exception. If the COMMISSION approves the application, the applicant must comply with all conditions and standards identified in the permit . e. Uses Regulated by the MAINE Forest Service, the applicant must consult the rules of the MAINE Forest Service regarding any standards or permitting requirements that may apply. f. Prohibited Uses, the activity is not allowed in the subdistrict. Sub-Chapter III land Use Standards The COMMISSION has established standards with which certain activities must comply. The standards are organized into four sections: Section General Criteria for Approval are statutory criteria that must be met for the COMMISSION to approve any applications . These criteria include adequate provision for loading, parking and circulation of traffic and adequate provision for harmonious fit, among others.

6 Section Development Standards are specific performance and design standards for permits associated with subdivisions, residential development, and commercial, industrial or other non-residential development. Standards in this category include vehicular circulation and parking, noise and lighting, phosphorus control, wetland alterations, and others. Section Dimensional Requirements are minimum standards for lot size, shoreline frontage, road frontage, and setbacks, and also include maximum lot coverage and building height standards. Section Activity-Specific Standards are minimum design specifications for particular activities. The COMMISSION has standards for Agricultural Management, Vegetation Clearing, Roads and Water Crossings, Filling and Grading, and other activities. 01-672 CHAPTER 10 A Note About Prospectively Zoned Areas iii MAINE land USE PLANNING COMMISSION Gray text applies only to prospectively zoned areas. A NOTE ABOUT PROSPECTIVELY ZONED AREAS The gray highlighted text in these rules applies only to prospectively zoned areas as listed below: Adamstown Twp.

7 Richardsontown Twp. Dallas Plt. Sandy River Plt. Lincoln Plt. Township C Magalloway Plt. Township D Rangeley Plt. Township E LUPC Jurisdiction 01-672 CHAPTER 10 Table of Contents iv MAINE land USE PLANNING COMMISSION Gray text applies only to prospectively zoned areas. CHAPTER 10 land USE DISTRICTS AND STANDARDS TABLE OF CONTENTS Preface .. vii SUB-CHAPTER I. GENERAL PROVISIONS .. 1 3 (Reserved) .. 4 Major District Classifications .. 5 Official land Use Guidance Maps .. 6 Interpretation of District Boundaries .. 7 Interpretation of land Use Standards .. 8 Exemptions .. 10 Criteria for Adoption or Amendment of land Use District Boundaries .. 11 Locational Factors for Adoption or Amendment of land Use District Boundaries .. 14 Criteria for Amendment of land Use Standards .. 17 Variances .. 18 Nonconforming Uses and Structures .. 21 Severability .. 29 Effective Date .. 29 Penalties for Violations .. 29 Appeals.

8 29 (Reserved) .. 30 SUB-CHAPTER II. land USE SUBDISTRICTS .. 31 Development Subdistricts .. 33 A. (D-CI) Commercial and Industrial Development Subdistrict .. 33 B. (D-ES) Extended Settlement Development Subdistrict .. 37 C. (D-GN) General Development Subdistrict .. 41 D. (D-GN2) Community Center Development Subdistrict .. 46 E. (D-GN3) Rural Settlement Development Subdistrict .. 51 F. (D-LD) Low-density Development Subdistrict .. 56 G. (D-MT) Maritime Development Subdistrict .. 59 H. (D-PD) Planned Development Subdistrict .. 63 I. (D-PR) Planned Recreation Facility Development Subdistrict .. 70 J. (D-RB) Rural Business Development 77 K. (D-RD) Resource-Dependent Development Subdistrict .. 84 L. (D-RF) Recreation Facility Development Subdistrict .. 89 M. (D-RS) Residential Development Subdistrict .. 93 N. (D-RS2) Community Residential Development Subdistrict .. 97 O. (D-RS3) Residential Recreation Development Subdistrict.

9 101 01-672 CHAPTER 10 Table of Contents v MAINE land USE PLANNING COMMISSION Gray text applies only to prospectively zoned areas. Management Subdistricts .. 105 A. (M-GN) General Management Subdistrict .. 105 B. (M-HP) Highly Productive Management Subdistrict .. 110 C. (M-NC) Natural Character Management Subdistrict .. 113 Protection Subdistricts .. 116 A. (P-AL) Accessible Lake Protection Subdistrict .. 116 B. (P-AR) Aquifer Protection Subdistrict .. 120 C. (P-FP) Flood Prone Protection Subdistrict .. 124 D. (P-FW) Fish and Wildlife Protection Subdistrict .. 127 E. (P-GP) Great Pond Protection Subdistrict .. 134 F. (P-GP2) Semi-Remote Lake Protection Subdistrict .. 138 G. (P-MA) Mountain Area Protection Subdistrict .. 143 H. (P-RP) Resource Plan Protection Subdistrict .. 146 I. (P-RR) Recreation Protection Subdistrict .. 149 J. (P-RT) Special River Transition Protection Subdistrict .. 153 K. (P-SG) Soil and Geology Protection Subdistrict.

10 157 L. (P-SL) Shoreland Protection Subdistrict .. 160 M. (P-UA) Unusual Area Protection Subdistrict .. 164 N. (P-WL) Wetland Protection Subdistrict .. 167 SUB-CHAPTER III. land USE STANDARDS .. 173 General Criteria for Approval of permit applications .. 175 A. Criteria for Approval of All permit applications .. 175 B. Criteria for permit applications Involving Special Exceptions .. 177 Development Standards .. 178 A. Review Standards for Areas Adjacent to Lakes .. 178 B. Review Standards for Subdistricts in Prospectively Zoned Areas .. 182 C. Technical and Financial Capacity .. 184 D. Vehicular Circulation, Access and Parking .. 185 E. Natural Character and Cultural Resources .. 191 F. Noise and Lighting .. 194 G. Soil Suitability .. 197 H. Solid Waste 199 I. Wastewater Disposal .. 200 J. Water Supply .. 201 K. Surface Water Quality .. 202 L. Phosphorus Control .. 203 M. Erosion and Sedimentation Control.